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TITLE ll: PUBLIC SERVICES
CHAPTER 1
GENERAL ASSISTANCE
2-1-1 Purpose
2-1-2 Categories of Eligibility
2-1-3 Definitions
2-1-4 General Eligibility
2-1-5 Forms of Assistance
2-1-6 Claims, Reviews and Appeals
2-1-7
Severability Clause
2-1-8
Repeal of Previous Ordinance
2-1-1 PURPOSE. It is the purpose
of the Lee County Board of Supervisors to provide General Assistance to
those persons who are legal residents of Lee County in accordance with
Chapter 252, Code of Iowa, in an orderly manner without regard to race,
religion, gender, disability or political affiliation. All individuals are given the right to
apply for benefits and are entitled to be treated with dignity and
respect. Lee County General
Assistance benefits are intended to fill short-term needs and are
considered to be "last resort" funding for very low-income
persons unable to access state and federal assistance programs. All applicants will first be placed on
a waiting list until information contained in their application can be
verified and eligibility for the specific type of assistance is confirmed.
Day to day operation of this program is delegated to a General Assistance
Director appointed by the Board who may in turn employ persons to operate
this program following this ordinance. The general assistance director
shall use all due diligence in the attempt to verify all information in the
application and make an initial determination as to eligibility within 30
days of application. If the director is unable to do so within the time
permitted, the director, upon written notice to the applicant may take not
more than an additional thirty (30) days to verify necessary information.
2-1-2 CATEGORIES
OF ELIGIBILITY. There are three general
categories of eligibility for General Assistance in Lee County:
A. Assistance for poor persons
B. Short term assistance for
needy persons;
C.
Interim assistance for poor and needy persons who are in immediate need and
are awaiting approval and
receipt of assistance under state or federal programs.
Assistance for persons qualified for services
under the Lee County Mental Health Services Management Plan will be
governed by the provisions of that plan.
2-1-3
DEFINITIONS:
1. “Board” refers to the Board of
Supervisors of Lee County
2
"Community Health Center"
refers to a federally designated and supported health center as defined by
the federal Public Health Service Act.
3
"Days" as referenced in the
Claims, Reviews and Appeals section refers to calendar days.
- "Director" refers to the General
Assistance Director appointed by the Board of Supervisors pursuant to
Ch. 252.26 of the Code of Iowa, or an individual supervised by the
Director.
- "General Assistance" is a payment
or payments made on behalf of an eligible person or household for
rent, utilities, medical services, transportation or funeral services.
- "Income" refers to gross income
received from wages, social security, public assistance, unemployment
compensation or any other source.
Food stamps, utility and housing assistance vouchers, or food
from charitable organizations are exempt, as well as income earned by
children under age 18 who attend school. Income received by other adult persons in the dwelling
unit may be used in the determination of benefits.
- "Household" is the adult applicant
applying for general assistance, that person's spouse, children under
18 years, and children over age 18 who are incapacitated and dependent
upon the applicant for support.
Other persons living in the same dwelling unit may be
considered “household members” only if they are related by blood or
marriage to individuals who are “household members.
8."Needy
Person" is defined as an individual without income or resources to
provide the necessities of life and those persons
legally dependent on them.
- "Poor Person" is a person who has
no property, exempt or otherwise, and is unable because of physical or
mental disability to earn a living by labor. Such disability should be verifiable by a recognized
medical or mental health professional.
- "Resources" includes all liquid
assets including cash on hand; checking, savings, and share draft
accounts; stocks, bonds and other similar instruments; boats, campers,
motor vehicles, real estate and household items with individual retail
value in excess of $500.00 or total items with $2,000.00 combined
value. Exempt from resource limitations are one licensed motor vehicle
with a value under $2000, the homestead being occupied by the
applicant, a burial plot and household furnishings to the extent
exempt from civil execution.
- "Utilities" includes electricity,
water, natural gas, fuel oil, propane, and other heating fuels
approved by local codes for space heating or cooking. It specifically does not include
telephone, internet access, satellite or cable television.
- “Vendor Payment” is a county auditor's
warrant to a supplier of goods or services.
2-1-4 GENERAL ELIGIBILITY Persons
wishing to apply for Lee County General Assistance will be required to complete
and sign an application form approved by the Board, and to provide
requested verification of information relevant to the determination of
eligibility. Applicants may also be
required to sign releases of information to permit the general assistance
worker to obtain and/or verify information relevant to program
eligibility. Since the General
Assistance program is a "last resort" form of assistance,
applicants will be expected to apply for and accept assistance from all
other federal, state and charitable resources prior to receiving county
assistance. Examples of this
include, but are not limited to, assistance available from unemployment
insurance, worker's compensation, Social Security, prescription drug manufacturer
indigent assistance, low rent housing, Medicare, Medicaid, and the Family
Investment Program. Applicants will
also be required to sign necessary documents for the Social Security
interim assistance program and be willing to repay the county for expenses
incurred on their behalf when retroactive approval for a state or federal
program results in a lump sum payment.
Similar repayment will be required if lump sum payment is received
from a court or insurance settlement.
Persons under age 18 are not eligible for assistance unless living in
an eligible household with their parent(s) or legal guardian. Payment will only be made for expenses
incurred during approved periods of eligibility and not for unpaid charges
of any sort incurred prior to month of application. General Assistance will not pay for rent
or utility deposits.
Specific
Eligibility Factors - Poor Persons:
INCOME: Income must be below the current payment
standard for the Family Investment Program, based on household size. When there is household income below the
F.I.P. standard, then that income, plus allowable rent and utility
payments, shall not exceed the F.I.P. standard. Income is counted for the
calendar month prior to application.
RESOURCES: Household Resources may not exceed $500.
DISABILITY: Applicants must meet the definition of a
"poor person" as found in Chapter 252 of the Code of Iowa. Applicants are required to apply for
disability benefits from the Social Security Administration (and/or
Veterans Administration when a veteran) and are expected to fully cooperate
with the disability determination process of these agencies. If a person is deemed not disabled by
these organizations, or does not cooperate with their disability
determination process, and said determination is not actively under appeal,
that person will not be considered a "poor person" for the
purposes of this ordinance. If a
person's inability to work is related to an employment related injury, they
are expected to file a request for compensation with that employer's
worker's compensation carrier. Lee
County reserves the right to require a physical or mental examination at
the county’s expense to evaluate an applicant's ability to work.
EMPLOYMENT: Specific programs may exist to allow
persons with a disability to work.
A "poor person" is expected to participate in one of these
programs if available and appropriate for that individual's condition. The "suitable employment"
requirements of unemployment compensation are not applicable to the General
Assistance program.
FULL TIME
STUDENTS: Full time students are
not eligible for General Assistance benefits unless they are under age 19
and in a program leading to a high school diploma. Exception may be made for persons
engaged in unpaid vocational training provided through the Division of
Vocational Rehabilitation Services.
APPLICATION: Application shall be made in person,
and shall be reviewed in person every 61 days or less. Responsibility of scheduling
appointments on a timely basis rests with the applicant.
SANCTIONS: Persons who would otherwise be eligible
for state or federal public assistance programs but who have been
sanctioned for any reason are not eligible to receive Lee County General
Assistance during the time that the sanctions are in force. Any person who is found to have provided
false information to Lee County General Assistance in order to receive
benefits will have their benefits immediately cancelled, will be ineligible
to receive further benefits and may be referred to the Lee County Attorney
for possible criminal prosecution.
Specific
Eligibility Factors - Needy Persons:
INCOME: Income must be below the current payment
standard for the Family Investment Program, based on household size. When there is household income below the
F.I.P. standard, then that income, plus rent and utility payments, shall
not exceed the F.I.P. standard.
Income is counted for the calendar month prior to application.
RESOURCES: Household resources may not exceed $500.
EMPLOYMENT: All applicants and adult members of the
household are expected to have active employment applications on file at
Iowa Workforce Development and other private employment services where an application
fee is not charged. Applicants must
accept employment if offered, regardless of whether it is deemed “suitable employment” by Iowa Workforce
Development standards, and shall be found ineligible if they voluntarily
left employment immediately prior to application.
FULL TIME
STUDENTS: Full time students are
not eligible for General Assistance benefits unless they are under age 19
and in a program leading to a high school diploma.
APPLICATION: Application shall be made in person,
and shall be reviewed in person every sixty-one (61) days or less. Responsibility of scheduling appointments
on a timely basis rests with the applicant.
SANCTIONS: Persons who would otherwise be eligible
for a state or federal public assistance program but who have been
sanctioned for any reason are not eligible to receive Lee County General
Assistance during the time these sanctions are in force. Any person who is found to have provided
false information to Lee County General Assistance in order to receive
benefits will have their benefits immediately cancelled, will be ineligible
to receive further benefits and may be referred to the Lee County Attorney
for criminal prosecution.
TIME LIMITS:
Since Lee County General Assistance is a short-term emergency
assistance program, needy persons may only receive General Assistance
benefits for a total of 12 months during their lifetime. Each approved
application shall entitle the applicant to up to six months benefits. After
a six-month waiting period the applicant may re-apply for additional
benefits up to six additional months. Individuals receiving general
assistance at the time of the adoption of this ordinance shall become
ineligible under the time limits of this ordinance or following 24 months of
eligibility during their lifetime, whichever comes first. The
lifetime limitation will also apply to the time benefits that were received
while classified as a "poor person".
2-1-5
FORMS OF ASSISTANCE.
Medical,
and Prescription:
Lee County General
Assistance is considered the funding source of last resort for meeting
medical needs. Providers of medical
service with offices inside Lee County shall be used unless the initial
attending physician refers to a specialist located outside of Lee
County. This local provider
restriction does not apply to the University of Iowa Hospitals, or to
referrals to Community Health Centers.
Lee County will not provide medical assistance for persons who are
disqualified for any Medicaid coverage due to their failure to pay
premiums, co-payments or spend-downs.
PHYSICIAN: A maximum of one local physician's
office visits per month will be approved. In addition, up to $500 of in-hospital physician services
will be approved. The maximum
payment for a physicians office visit shall be $45. Lee County residents living in a
community where a Community Health Center is located are to use the
services of that center.
PRESCRIPTION
DRUGS: Maximum prescription
payments shall be $500 per six-month eligibility period. Prescriptions
written are to be filled by taking advantage of the drug manufacturers
assistance programs or, if not available, generic forms of medication if
available. Lee County general assistance will not pay for any medications
whose purpose is to enhance sexual functioning or treat infertility.
HOSPITAL: Local hospital stays are limited to
emergency situations, with maximum payment per admission not to exceed
$500. It is the county's intent
that the facilities of the University of Iowa be used whenever possible.
Low income persons who are in need of medical care which can be provided at
the University of Iowa Hospitals and clinics will be referred to the
Department of Human Services for payment assistance through the Medicaid
program. Applicants may be required to pay a premium for this coverage in
accordance with state rules.
Rent: Maximum rent payments
shall be $100 per month. If
utilities are included in the rent then rent payments may be increased
giving consideration to utilities allowance below. Lee County will not make rent payments
to persons who are related to the applicant. Rent shall be paid only to the
verified owner of the property or their designee.
Utilities:
May 1 through September 30th the maximum monthly utility
payment is $55. October 1 through April 30th the maximum monthly utility
payment is $85.
Funerals: Lee County will pay
for funeral expenses not to exceed $1,000 paid directly to the funeral
home. This application may be
made with the assistance of the involved funeral director. Any resources
available to the estate, other than sentimental property with a nominal
value, including but not limited to life insurance, bank accounts, cash on
hand, real estate and veteran's benefits will be deducted from the amount
paid by the county.
Transportation:
MEDICAL: Lee County
will reimburse transportation provided to income eligible persons to
receive medical care provided at University of Iowa Hospitals when hospital
transportation is not available, eligible out of town medical providers, or
Community Health Centers if no transportation is available from other
sources without charge. This
transportation reimbursement will be limited to payments to the RTA or
10-15 transit, or reimbursement of fuel expenses to private volunteer
drivers..
TRANSIENTS:
Lee County will reimburse the local bus company or railroad for the
cost of a one way ticket not to exceed $150 per person to allow an
otherwise eligible person or persons without a permanent residence in Lee
County to leave our county. If
these persons have a motor vehicle but are unable to travel further due to
their resources being exhausted, Lee County will reimburse a local vendor
the cost of one tank of gas and up to two quarts of motor oil if needed to
allow them to continue their journey.
Persons who are provided this aid are not eligible for additional
assistance from Lee County for five years following the receipt of this
aid.
2-1-6
CLAIMS, REVIEWS, AND APPEALS
Claims: All vendors must
submit an IRS form W-9 as required to receive payment from Lee County. Claims must be submitted within 60 days
of provision of goods or services, or within 60 days of claim
rejection/partial payment by a third party payor. Exception is made for the University of Iowa Hospitals due to
the nature of the State Papers program.
Failure to submit bills within the time period allowed will require
that the bill be submitted to the General Assistance Director for appeal to
the Lee County Board of Supervisors.
The issues before the Board will be (a) whether, in fact, the claim
is due and owing; (b) whether the late submission is part of a pattern of
practice of late submissions of claims; (c) and whether the late submission
results in some undue hardship to Lee County. If any of those conditions are found by the Board to be true,
upon hearing, the parties agree that the vendor waives his right to
payment. Upon approval of the
claim, payment shall be submitted to the vendor within thirty (30) days
unless it is determined by the Board that the payment of the delinquent
claim(s) shall result in fiscal hardship which could jeopardize services to
existing recipients. In such a
case, the claim would be paid the beginning of the following fiscal year.
Reviews: Any applicant or
vendor who is denied benefits or payment from Lee County General Assistance
may file a written request for a review of this denial with the General
Assistance Director within 15 days of such denial. The General Assistance Director will
schedule an interview within 15 days if requested and will render a
decision within a week of said review.
The General Assistance Director has the authority to review handling
of the application to determine that the rules in this ordinance were
applied correctly, but does not have the authority to make an exception to
these rules.
Appeals: If an
applicant or vendor does not agree with the decision of the General Assistance
Director or wishes to request an exception to these rules they must make a
written request for an appeal hearing to the Board within 45 days of the
original denial of benefits or payment. This hearing will be held in
accordance with Chapter 21 of the Code of Iowa (open meetings law) and is
subject to being closed under the provisions of this chapter. The decision
of the Board will be final.
2-1-7 REPEAL OF PREVIOUS ORDINANCE.
This
ordinance replaces any previous General Assistance ordinances adopted by
the Board of Supervisors on the effective date of this ordinance. The effective date of this ordinance is
May 1, 2005.
First Reading of Amendment: July 12,
2005
Second Reading of Amendment: July 19.
2005
Third Reading of Amendment: Waived July
19, 2005
Amendment Published: July 21, 2005,
Fort Madison Democrat; Keokuk Gate City; West Point Bee
First Reading of Amendment: March 15,
2005
Second Reading of Amendment: March 22,
2005
Third Reading of Amendment: April 5,
2005
Amendment Published: April 14, 2005,
Fort Madison Democrat; Keokuk Gate City; West Point Bee
First Reading: September 3, 2002
Second Reading: September 10, 2002
Third Reading: Waived on September 10,
2002
Published: August 29, 2002, Fort
Madison Democrat, Keokuk Gate City, West Point Bee
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